Beating cover-up alleged

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Representatives of 13 Toronto Native organizations held a press conference in September to call attention to allegations of police brutality against a Native man and what they believe is the subsequent police cover-up.

An open letter to Toronto Police Service Chief Julian Fantino, signed by the 13 members of the Aboriginal Peoples Council of Toronto (APCT), was released at the press conference. The letter refers to the "assault of Ramsey Whitefish."

The letter states that Whitefish was assaulted by two uniformed police officers on June 21 in front of dozens of witnesses in the stairwell of a building at the corner of Bloor and Borden Streets.

"Witnesses report that the assault was unprovoked and that Mr. Whitefish was kicked, punched and stomped on by the officers," the letter reads.

The community leaders also wrote that a witness called 911 immediately and that officers from 14 Division responded. Whitefish went to 14 Division early the next day and filed an assault complaint. A number of witnesses were interviewed by police.

The Aboriginal Peoples Council members believe a cover-up is now underway.

"Although it has been two months since Mr. Whitefish was assaulted, the offending officers have not been charged with the assault, despite overwhelming evidence provided by eye witnesses indicating that the assault took place and was perpetrated by Toronto police officers," the letter reads.

"We are outraged at the delay in laying charges and can see no justification for this procrastination other than the respective identities of the victim and perpetrators of the assault. We question whether the delay in laying charges would have occurred if the victim of the assault was not Aboriginal and the offenders not police officers."

Noted civil rights lawyer Clayton Ruby is representing Whitefish. He said he didn't know why two police officers would have attacked his client.

"It's very hard to figure out. He had earlier changed shirts with another Indian person. We have no idea if that's what happened, if there was confusion on that grounds," the lawyer said.

He said several witnesses reported that his client was kicked, punched and stomped by two men wearing police uniforms.

"There's more than one witness who described all of that," he said.

Ruby and his staff collected their own statements from witnesses.

"They originally gave them to the police. There was a police investigation that night and they've got the statements and they've videotaped those people. . . And then when nothing happened we started doing interviews," he said.

APCT members say they were told by internal affairs officers that the two officers were placed on desk duty shortly after the incident, but later returned to full duties because of manpower issues.

"Somebody assigned them to desk duty," Ruby said. "I don't know who or how, they won't tell us. And then they were taken off desk duty, apparently because of 'manpower issues.' I don't know what that means. I assume it means they were short of officers. But is it true or not? I have no idea."

Whitefish said the officers said nothing that would reveal why he was being attacked.

"He couldn't figure it out. He said nothing. They said nothing," Ruby said.

Police Chief Fantino has been the subject of criticism from some minority groups in the city. The city's black and gay communities say he has displayed intolerance towards them and that this attitude has spread throughout the department. Ruby was harshly critical of the police chief. He doesn't believe the police service will respond to the open letter or the public pressure the APCT has attempted to create.

"No. I don't expect anything from Chief Fantino. Fantino's a terrible chief. His history with minority groups is appalling," Ruby said.

The lawyer doesn't yet know the names of the officers who allegedly beat his client.

"We don't have it. They won't tell us and we don't have it. We've got ood descriptions of them, but we haveno names," he said.

Ruby was asked what will happen if he becomes convinced that the police will not act on this matter.

"If that happens, we'll understand what it means to be an Indian in Toronto in the eyes of the Metropolitan Toronto Police-the Toronto Police Service it's called now. And I'm not sure there is any recourse," he replied.

"You can sue, but what are you going to get from a lawsuit? For the police to spend a few thousand dollars, what have you achieved? A license to carry on," he said. "That's the problem with all the civil lawsuits against the police. The amount of damages is so small in Canada that it amounts to a license to continue. Civil lawsuits are not a solution."

He said most Canadians don't realize that their system is very different from the U.S. model and doesn't promote accountable behavior by threatening severe punishment for improper actions.

"They have very substantial damages," he said. "They allow for millions of dollars in damages. The Canadian model doesn't allow for that. Our damages are very low."

He believes there's a need to create stronger deterrents against police violence in Canada.

"One, you'd make them pay for their own legal defense. Two, you'd put outsiders in command of the police department. Make them hire externally. Make them hire non-police officers for senior positions. You'd break the culture."

Roger Obonsawin was one of the 13 Native people in the Toronto area who signed the open letter to Chief Fantino. He told Windspeaker he suspects other reasons for the slow pace of the investigation.

"I'm critical of Chief Fantino, but I'm more critical of the police association. The officers' union has more power and influence than the police commission in Toronto-almost unchecked powers. And they're not hesitant to sue. That may be why the department is being extra careful with this," he said.

Sgt. Robb Knapper, a media relations officer for the Toronto Polce Service declined to comment on Ruby's comments.

"Th investigation, as far as we're concerned, is still ongoing. We are investigating the matter," he said, adding he could not discuss details of the investigation.

UPDATE:

Toronto Police Officers charged

Only days after Windspeaker reported that a police cover-up was being alleged in the very public beating of a Native man in Toronto, two city police officers were arrested.

After a three-month investigation by members of Internal Affairs, the officers were charged on Sept. 26 with assaulting Ramsey Whitefish on June 2 in the Bloor Street West and Borden Street area of the city.

Roger Obonsawin, a member of the Aboriginal Peoples Council of Toronto, a group that complained about the slow pace of the investigation, said he was told that the decision to arrest and charge the officers was based on DNA evidence allegedly found on the officers' boots. Witnesses alleged that Whitefish was kicked, stomped and punched by two police officers.

Charged with one count of assault each are police constables James Rowe and Dion Monahar, both of 14 Division. Rowe has been a member of the service for two years and Monahar for three years. They were released from custody with conditions and will appear in court on Nov. 7.

At the time of their arrest the officers were suspended from duty with pay in accordance with the province's Police Services Act.